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BC Justice Articles
B.C. landowners dig in their heels over Trans Mountain pipeline construction PDF Print E-mail
Justice News
Posted by Joan Russow   
Wednesday, 11 September 2019 13:13
“It’s caused me emotional devastation. They are killing me through stress and legal fees.”
LAURA KANE, THE CANADIAN PRESS Updated: September 10, 2019
Barbara Gard calls her three-hectare property, nestled below the forested peak of Sumas Mountain, a “miniature Stanley Park.” Its lush trees and flowing creek reminded her of Vancouver’s majestic park, and she immediately knew she wanted to call it home.
But she said her peaceful retreat in Abbotsford now feels more like a nightmare. Gard is among thousands of landowners along the Trans Mountain pipeline expansion route who have not yet granted the Crown corporation access to their property, and she said her dealings with the project’s owners over the years have shattered her mental health.
“It’s caused me emotional devastation,” said Gard, a 64-year-old school psychologist on medical leave from work. “They are killing me through stress and legal fees.”
Numerous hurdles remain before significant construction can begin on the massive project. Trans Mountain Corp. has not signed agreements with 33 per cent of landowners, no part of the detailed route has been approved, about half of the necessary permits are outstanding and it must meet dozens of conditions with the Canada Energy Regulator, formerly the National Energy Board.
Further, it faces resistance in southwest B.C., where landowners are digging in their heels, Indigenous groups are filing legal challenges and protesters are planning to ramp up activity.
The federal Liberal government bought the pipeline for $4.5 billion last year. The parliamentary budget officer has said that if the expansion is not complete by the end of 2021, it would be fair to conclude the government overpaid for the asset.
Last Updated on Wednesday, 11 September 2019 13:28
Ottawa’s Wood Buffalo plan ‘not good enough’: First Nations PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 12 February 2019 20:47
Canada’s largest national park is at risk of losing its status as a World Heritage site due to the impacts of dams, oil development and climate change
Judith Lavoie Feb 7, 2019 
The federal government is promising to create artificial ice jams, strategically release water from BC Hydro dams and assess cumulative impacts on northern Alberta’s Peace-Athabasca delta in an attempt to retain the World Heritage status of Canada’s largest national park.
However, Ottawa’s long-awaited action plan for Wood Buffalo National Park rejects a World Heritage Committee recommendation calling on Canada to  conduct an environmental and social impact assessment of the controversial Site C dam. The action plan says the federal government’s hands are tied because an assessment of the project was completed by a federal-provincial review panel before the dam was approved in 2014.
Last Updated on Saturday, 16 February 2019 08:39
Rachel LaFortune: "Rule of law" is not a justification for colonial violence in Wet'suwet'en pipeline dispute PDF Print E-mail
Justice News
Posted by Joan Russow   
Friday, 08 February 2019 13:03
BY Rachel LaFortaine
by Guest on February 4th, 2019 at 5:06 PM

By Rachel LaFortune

By Rachel LaFortune
Tensions rise over pipeline project following truce between Wet'suwet'en hereditary chiefs and RCMP
David Suzuki: Pipeline blockade is a sign of deeper troubles
RCMP arrest 14 anti-pipeline activists at Gitdumt'en checkpoint on Wet'suwet'en territory
Showdown expected in northwestern B.C. between RCMP and Indigenous protesters over pipeline project
When governments rely on court-granted injunctions to define the “rule of law” in respect to Indigenous land occupations, they risk breaching their Constitutional and international human-rights obligations and undermining any chance at meaningful reconciliation.
Case in point: the injunction currently being enforced against Wet’suwet’en land and water defenders in British Columbia.
Last Updated on Friday, 08 February 2019 13:28
The ICCA Consortium stands with the Wet’suwet’en PDF Print E-mail
Justice News
Posted by Joan Russow   
Wednesday, 30 January 2019 19:05
We submit this message to you as a demonstration of our support and solidarity as you uphold and defend your unceded, ancestral homeland. The Wet’suwet’en have the right to live in balance with their lands and waters and have a responsibility to defend their culture, language, and livelihood.
The ICCA Consortium is an international association under Swiss law uniting federations and organizations  of  indigenous  peoples,  local  communities  and civil  society  organisations concerned  with  the  appropriate  recognition  of  the territories  and  areas  conserved  by indigenous peoples and local communities (ICCAs) throughout the world.  We are a partner organization  of  the  Secretariat  of  the  Convention  on  Biological  Diversity  (CBD),  the  United Nations  Development  Programme  (UNDP  GEF  SGP)  and  the  International  Union  for  the Conservation  of  Nature  (IUCN).  Our direct Members  and  Honorary  members  span  over seventy-five countries.
No Access without Consent WEDZIN KWA CHECK POINT UNISTOTEN PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 15 January 2019 16:39
Rise and Resist's photo.

No More Business as Usual: We Stand with Wet'suwet'en!

SITE C contravenes the precautionary principle, risking irreversible harm, misconstrues the equitable remedy of the injunction and discounts indigenous rights. PDF Print E-mail
Justice News
Posted by Joan Russow   
Saturday, 12 January 2019 23:03


Posted by Joan Russow
Monday, 30 July 2018 21:34

By JoanRussow  Global Compliance Research Project

Joan Russow founded the Global Compliance Research Project that  calls upon countries to comply with their international obligations and commitments. She has attended many international climate change, and environmental conferences.  Injunctions should be against those who cause irreversible harm not those who strive to prevent irreversible harm. Since Clayoquot Sound, she has been concerned about the misconstruing of injunctions and she is still saying, as she did then, “who are the real criminals?



Is it a crime to strive to prevent crime or is it a crime to cause and condone it?









Last Updated on Saturday, 12 January 2019 23:20
Alex Neve and Sarah Morales: Site C dam still far from ‘point of no return’ PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 20 November 2018 11:49
Alex Neve and Sarah Morales: Site C dam still far from ‘point of no return’
ALEX NEVE & SARAH MORALES Updated: November 19, 2018

Installation of concrete for the south-bank tailrace wall in July at B.C. Hydro's Site C dam construction project on the Peace River near Fort St. John. B.C. HYDRO / PNG

Installation of concrete for the south-bank tailrace wall in July at B.C. Hydro's Site C dam construction project on the Peace River near Fort St. John. B.C. HYDRO / PNG
Last month, the B.C. Supreme Court handed the Horgan government a victory that may prove much more costly than a defeat.
The West Moberly and Prophet River First Nations had asked the court to temporarily suspend construction of the Site C dam, or at least protect critical areas of the Peace Valley while their still unresolved Treaty rights challenge is being considered. On Oct. 24, Justice Warren Milman dismissed the injunction application entirely. This is exactly what the provincial government and B.C. Hydro had asked the court to do.
At the same time, the judge ruled that the First Nations’ legal challenge can continue with the possibility that, if the First Nations are able to prove their case, the dam could be stopped before plans to flood the Peace River Valley are completed.
In other words, the court told the province, if you so choose, you’re free to continue sinking billions of dollars into a project you might never be allowed to complete.
New rules inside the B.C. NDP could limit the ability for some members to publicly criticize the NDP government of Premier John Horgan. PDF Print E-mail
Justice News
Posted by Joan Russow   
Monday, 15 October 2018 18:07

Rob Shaw

he Province

Published: October 14, 2018

Updated: October 14, 2018 6:00 PM PDT

New rules inside the B.C. NDP could limit the ability for some members to publicly criticize the NDP government of Premier John Horgan.

New rules inside the B.C. NDP could limit the ability for some members to publicly criticize the NDP government of Premier John Horgan. CHAD HIPOLITO / THE CANADIAN PRESS

New rules inside the B.C. NDP could limit the ability for some members to publicly criticize the NDP government of Premier John Horgan. CHAD HIPOLITO / THE CANADIAN PRESS

New rules within the B.C. NDP could limit people's ability to criticize the government and party policies.

VICTORIA — B.C.’s governing New Democratic Party has crafted new rules that could prevent some members and officials from publicly criticizing the decisions of Premier John Horgan’s government.

A draft of an internal NDP code of conduct, obtained by Postmedia News, shows it would require members of the party’s provincial executive and committees to sign non-disclosure agreements that forbid them from publicly disagreeing with party or government policies.

“Individuals agree that they shall, in all public statements (either written or verbal), promote the positions taken by the party through its duly constituted bodies and shall refrain from public criticisms of the party, its positions, or its elected officials,” reads the code of conduct. Any criticisms should be expressed only through internal channels, it reads.

The document also says all matters dealt with in party meetings are confidential and not to be discussed publicly.

The code is a draft, but could go before the NDP’s provincial council for a vote next month. It would apply to the provincial executive — which includes table officers and two representatives from each region of the province — and the NDP’s nine committees where members meet to discuss issues such as the environment, agriculture, women’s rights, youth, pride, people living with disabilities and Aboriginal representation.

Signed agreements could effectively act as gag orders for NDP members who disagree with the Horgan government’s decisions to approve the Site C dam, give tax breaks to the LNG Canada project and campaign in favour of proportional representation.

NDP officials argue the intention is not to silence people from speaking their minds, but instead to formalize what has been an implied obligation in the NDP constitution that

people who represent the party — especially on social media — do not criticize it or break with its positions in an official capacity.

“Individuals will still be individuals,” said NDP communications director Glen Sanford. “I think you know the NDP well enough to know there will always be robust discussions and our folks really don’t hold back on how they feel about things. That’s not going to change. The clarity that’s being looked for here is ensuring there’s procedures and lines of responsibility and accountability for people who are representing bodies of the party.”

Sanford said the party has already heard concerns from some members about the language used in the draft and the need to more explicitly state that people can still be critical of the party and government as long as they make clear it is their opinion.

The code of conduct, which also includes sections on conflict of interest and dispute resolution, is modelled after those used by federal political parties, unions and corporations, said Sanford.

Nonetheless, the code would be unique among B.C.’s political parties, where pressure to toe the party line is often real but usually unwritten.

Last Updated on Tuesday, 06 November 2018 23:09
Paddle for ?EL¸TOS and the Salish Sea! September 2 PDF Print E-mail
Justice News
Posted by Joan Russow   
Friday, 24 August 2018 10:02

Tsawout Chief and Council invite all relations in WSÁNEC and neighbouring communities to participate in the PADDLE FOR ?EL¸TOS and the Salish Sea, in support of Tsawout's claim to the island, also known as James Island.

The event is taking place on Sunday, September 2, 2018, beginning at 9:00 am at ?IX_E? (Cordova Spit) with a community breakfast, followed by a paddle around ?EL¸TOS (James Island) and then a feast in the Tsawout Gymnasium.
The history of use and occupation is significant combined with significant archaeological history. The island was part of the homelands and provided a rich, productive way of life as it was well supplied with plantlife and surrounded by a rich variety of saltwater food supply (fish/shellfish). When it was taken over as part the war efforts it was still occupied and people felt that the island would be fully returned once it was no longer required. However, the history shows that the Tsawout/WSÁNEC People were forced off the island and it then became privatized and was eventually sold.
Last Updated on Monday, 10 September 2018 20:28
Tsawout First Nation invites community to join September 2 paddle for ?EL¸TOS and the Salish Sea PDF Print E-mail
Justice News
Posted by Joan Russow   
Friday, 24 August 2018 09:48
Tsawout would like the Paddle event to be a fundraiser to assist with the research and legal work required for the claim and will be accepting donations prior to the event and at the event made out to TSAWOUT FIRST NATION with notation for “ ?EL¸TOS” (which can be mailed to Tsawout First Nation, 7728 Tetayut Road, Saanichton, BC  V8M 2E4).
To join the Paddle for ?EL¸TOS and the Salish Sea, sign up today at: www.TurningtheTide.ca/leltos.
Chief Harvey Underwood
Learn more by watching the:
Paddle for L?EL,TOS (James Island) and the Salish Sea Film
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